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HomeMy WebLinkAboutORD 1959FOLLOWS: Aht��;a�o Bpi 3� 3= X76/ ORDINANCE NO. � AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATING TO AND REGULATING THE SALE AND USE OF "SAFE AND SANE" FIREWORKS WITHIN THE CITY OF RENTON PROVIDING THE LICENSING THEREFOR AND PENALTIES FOR THE VIOLATION THEREOF AND REPEALING CHAPTER 5 OF TITLE VII (FIRE REGULATIONS) OF ORDINANCE NO. L628 entitled "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS SECTION I: It shall be unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks within the City of Renton without first having obtained a license therefor as hereinafter set forth. SECTION II: The annut license fee for the sale of such fireworks as may be authorized hereunder or may be authorized by the provision of the laws of the State of Washington shall be Ten Dollars ($10.00) per annum, payable in advance. SECTION III: It shall be unlawful for any person to sell, possess, use or explode any dangerous fireworks within the City of Renton. Any item of fireworks which does not bear a "safe and sane" registration or classification of the State Fire Marshall in conformity with Chapter 228, Session Laws of 1961 of the State of Washington, and as further set forth in the rules and regulations relating to fireworks issued by the Fire Marshall of the State of Washington, shall be deemed dangerous and is prohibited by this Chapter. SECTION IV: It shall be unlawful for any person, firm, co -partnership or corporation to offer for retail sale, or expose for retail sale or sell at retail or use any fireworks within the City of Renton except from 12:00 o'clock noon on June 28th to 12:00 o'clock noon on July 5 of each year. SECTION V: No person, firm or corporation shall receive more than one license for the sale of fireworks during any one calendar year. The maximum number of licenses which may be issued pursuant to this Chapter shall not exceed one license for fitTe„hundred each three thousand/(3, 00) residents of the City of Renton, according to the last official census or the last estimate of the State Census Board. SECTION VI: A license granted pursuant to this Ordinance shall entitle the licensee to maintain only one retail outlet. All licenses issued pursuant hereto shall be used only by the specified licensee and shall be nontransferable. Any transfer or purported transfer of such license shall be deemed a violation of this Ordinance. "l- SECTION VII: All applications for a license shall be made in writing addressed to the Chief of the Fire Department of the City or such other person as may be appointed by the City Council from time to time. It shall be the duty of the Fire Chief or such other designated official to whom application for license was made to make a complete investigation and to submit a written report of his findings and his recommendations for or against the issuance of the permit, together with his reason therefor, unto the City Council of the City of Renton. The City Council shall have power in its discretion to grant or deny the application, subject to such reasonable gonditions, if any, as it shall prescribe. SECTION VIII: No license shall be issued by the City unless the person applying for same has first obtained a license from the State Fire Marshall as provided in Chapter 228 of the 1961 Session Laws of the State of Washington. SECTION IX: It shall be the duty of the Fire Chief or such other designated official of the City to whom application for a permit for a public display of fireworks is made, to make an investigation as to whether such display as proposed will be of such character and will be so located that it may be hazardous to property or dangerous to any person, and he shall in the exercise of reasonable discretion grant or deny the application, subject to such reasonable conditions, if any, as he may prescribe. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that pupose only. No such permit or license granted shall be transferable. SECTION X: Any applicant shall, at the time of issuance of such license submit to the City proper evidence of public liability and property damage insurance and such applicant shall maintain such insurance in a company or companies approved by the City Attorney with amounts as follows: One Hundred Thousand Dollars ($100,000.00) or more for injuries to any one person in one accident or occurrence; Three Hundred Thousand Dollars ($300,000.00) or more for injuries to two or more persons in any one accident or occurrence; Fifty Thousand Dollars ($50,000.00) for damage to property in any one accident or occurrence. -2- SECTION XI: The location of the proposed place of business shall be only in those areas or zones within the City of Renton wherein business, or industrial activities are authorized ander the applicable zoning laws of the City of Renton provided that the sale of "Nafe and sane" fireworks shall not be deemed an enlargement of an existing nonconforming use, and provided further that no fireworks shall be sold in any residential area where a=.)business enterprise does not exist. SECTION XII: Any applicant shall post with the City a performance bond or cash deposit in an amount of not less than Fifty Dollars ($50.00) conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site.of the temporary stand which deposit shall be returned to the applicant only in the event that he removes said stand and cleans up all debris to the satisfaction of the Fire Chief so of the City of Renton or any other/designated official of the City, aIzi fhel:event=.of applicant's failure to to do, sail performance bond or cash deposit shall be forfeited unto City of Renton. In no event shall the applicant be entitled to the return of said performance bond or cash deposit if he has failed to remove said temporary stand and failed to clean up all the debris by July 10 of each year. SECTION XIII: The temporary stands of all licensees shall conform to the following minimum standards and conditions: a. temporary fireworks stands need not comply with all the provisions of the Building Code of the City of Renton, provided however, that all such stands shall be erected under the supervision of the Fire Chief or his duly authorized representative who shall require that all such stands be constructed in a safe manner insuring the safety of attendants and patrons. In the event any such temporary stand.is wired for electricity, then the wiring shall conform to the electrical code of the City. b. No temporary fireworks stand shall be located within 25 feet of -any other building or structure or within 100 fet:t of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. C. Each temporary fireworks stand must have at least two exits which shall be unobstructed at all times; and each stand shall have in a readily accessible place a fire extinguidier duly approved in advance by the Fire Chief of the City. d. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and surrounding area a distance of not less than 25 feet, measured from the exterior walls . of each side of said temporary fireworks stand. -3- e. No smoking shall be permitted in or near a temporary fireworks stand and the same shall be posted with proper "No Smoking" signs which rules are to be strictly enforced. f. Each temporary fireworks stand shall have an adult in attenhnce at all times. No child or children under the age of 18 years shall be allowed inside any temporary fireworks stand. g. All unsold stock and accompanying litter shall be removed.from the temporary fireworks stand by 12:00 o'clock noon on July 6th of each yeac. SECTION XIV: Every public display of fireworks shall be handled as supervised by a competent and experienced #)Frotechnic.operator approved by the Chief of the Fire Department. SECTION XV In the event there are mase applications for licenses than there are licenses available under the terms of this Ordinance, then licenses shall be granted to those first applying therefor and meeting all the necessary qualifications and requirements. SECTION XVI: It is the intent of this Ordinance to provide a procedure for the granting of licenses hnd the possession,s4le and discharge of "safe and sane" fireworks as classified by the State Fire Marshall and not to permit the possession, sale or use of any other fireworks classified as dangerous fireworks by the State Fire Works law, all as provided for and defined in Chapter 228, Laws of 1961 of the State of Nashington. Each licensee shall further comply with and adhere to the rules and regulations relating to fireworks as issued by the State Fire Marshall, particular reference being hereby made to that certain "Order Adopting Rules and Regulations Relating to Fire Works No. 163" as issued by the State Fire Marshall under date of June 1,1962, and as such rules and regulations may be amended from time to time. SECTION XVII: The Fire Chief of the City of Renton or his duly authorized representative is hereby designated as the enforcing officer of this Ordinance. In addition to all other grounds for revocation or termination of licensessset forth in the general provisions hereof, any failure or refusal on the part of a licensee to obey any rule, regulation or request of the Fire Chief concerning the sale of fireworks shall be grounds for the revocation of a fireworks license. SECTION XVIII: Any person violating any of the provisions of this Ohdtianceror any rules or regulations issued thereunder shall be guilty ofa misdemeanor, and upon -4- conviction thereof shall. be fined by a fine of not more than Five Hundred Dollars (,5500.00) or imprisonment in the City jail for a period not to exceed ninety (90) days, or both by such fine and imprisonment. SECTION XIX: If any provision of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of this Ordinance, or the application of the provisions to other persons or circumstances is not affected thereby. SECTION XX: A person is guilty of a separate offense for each day during which he commits, continues or permits a violation of any provision of or any order, rule or regulation made pursuant to this Ordinance. All Ordinances including Chapter 5, of Title VII (Fire Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" or parts of Ordinances in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL this //-� day of June, 1962. )�Ke,� Helmie Nelson, City Clerk APPROVED BY THE MAYOR this ��--i6..day of June, 1962. Frank Aliment, Mayor Approved as to Form: Gerard M. Shellan, City Attorney JUN 13 1962 -5-